Town of Concord Town Board Meeting s2

WORK SESSION 6:30 p.m. June 12, 2014

Supervisor Eppolito discussed the following topics with the Board members:

1. Supervisor Eppolito and Engineer Mark Alianello updated the Board on the status of the Crane Ridge sewer project. Sergi Construction, Inc., was the only bidder on the project and their bid came in significantly higher than anticipated. Engineer Alianello is working with Frank Sergi to come up with another option. Pipe bursting was being discussed where a pipe would go inside the existing pipe and burst the old pipe. It would follow the old contour of the pipe. Mr. Sergi feels that the pipe bursting would straighten some of the contour out because the pipe being pulled through is a little more rigid. The old pipe would remain there and become part of the dirt around it. Sergi Construction, Inc., is familiar with this type of project and thought that this company may be able to do that type of work at Crane Ridge for around $145,000. Engineer Alianello will need to look into this matter. Engineer Alianello noted that the area involved in this project is one of the worst areas in Crane Ridge so that if this is successful, this type of technology could be considered in the future. Mr. Sergi feels confident that it could be handled in this manner. Supervisor Eppolito noted that this could be handled under a change order on the bid. Engineer Alianello stated that the mechanism to do this is a little odd. The contract would be awarded based on his bid and then do a change order. It could be re- bid on this pipe bursting technology but Sergi Construction was the only bidder on this project. Engineer Alianello will take a few days to review this project and then the Board would have to accept his bid and do the change order.

2. Engineer Mark Alianello informed the Board that he is assisting the Town in applying for the Planning Grant. This is a grant to study combining The Crane Ridge Sanitary Sewer District and the Kissing Bridge Sanitary Sewer District. All costs would be paid for through the Special Use Districts. It would not be in this budget year. Supervisor Eppolito indicated that the Town needs to sign the Contract with MDA Consulting Engineers to do this grant work for us. This will be addressed in the Board meeting following this Work Session. The Town will be applying for the maximum amount that can be applied for based on population. Municipal Solutions is also involved with this grant.

3. Supervisor Eppolito had a meeting this morning with Ross John from the Seneca Nation. The Seneca Nation is trying to take away the stigma of gasoline, cigarettes and gambling. They are looking into biofuels. There is not enough reservation land to do that so they are looking to lease or contract with farmers who have the land to either grow the corn or certain grasses that are used for biofuels. The towns are working with the Seneca Nation regarding the Farm Trail to develop farming and agriculture. Farmers need to rotate crops in their fields so the Seneca Nation could lease the acreage to grow something else for the Seneca Nation.

4. Supervisor Eppolito brought the Board members up to date on the Roosa Rezoning. Rezoning matters need to be done by Local Law. Special Counsel Dan Spitzer indicated that a second Public Hearing is not necessary because there was a Public Hearing and property owner notification for this rezoning and the Local Law for the Roosa Rezoning can be passed tonight. The Site Plan submitted by Mr. Roosa has been attached to the Local Law as Addendum A. The SEQRA will also be accepted tonight.

5. Engineer Alianello reported on the Senior Center. The SEQRA needs completion and accepted. The next step after that is to adopt the Bond Resolution to authorize the Board to spend $1,785,000 subject to mandatory referendum with the voting being held on August 12, 2014. The Board of Elections will work with the Town on this matter. The voting will take place at Town Hall; times will be determined. Engineer Alianello indicated that the Town can’t do much further until the vote. The bids could probably be advertised but the Town can’t enter into contracts or award any bids until that time. Page 67

TOWN OF CONCORD TOWN BOARD MEETING June 12, 2014 7:00 p.m.

MEETING CALLED TO ORDER BY GARY A. EPPOLITO, SUPERVISOR

PRESENT: GARY A. EPPOLITO, SUPERVISOR JAMES M. KREZMIEN, COUNCILMAN PAUL F. SALZLER, COUNCILMAN DEBORAH A. KING, COUNCILWOMAN CLYDE M. DRAKE, COUNCILMAN

ALSO PRESENT: DARLENE G. SCHWEIKERT, Town Clerk DEBORAH M. BARONE, Town Atty CAROLYN ROBINSON, Dog Control Officer MARK D. ALIANELLO, MDA Engineers GEORGE DONHAUSER BARRY EDWARDS JERRY GRASSO JOE EDBAUER BRUCE LUNO ROBIN SION DAVE DAHL, The Buffalo News

EXCUSED: DENNIS M. DAINS, Hwy Supt

INVOCATION DELIVERED BY TOWN CLERK SCHWEIKERT

PLEDGE TO THE FLAG LED BY SUPERVISOR EPPOLITO

ITEM #1. APROVAL OF MINUTES

a) Public Hearing re: Roosa Rezone – 5/8/14 – Motion by Councilman Salzler, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

b) Town Board Meeting – 5/8/14 – Motion by Councilman Krezmien, seconded by Councilman Salzler, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

c) Special Town Board Meeting – 5/22/14 - Motion by Councilman Drake, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

ITEM #2. PUBLIC COMMENT

There was no one for Public Comment. Motion made by Councilman Drake, seconded by Councilman Krezmien, to close Public Comment. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

ITEM #5. MONTHLY REPORTS

Motion by Councilman Krezmien, seconded by Councilman Drake, to approve the Monthly Reports, Items a-n (with no Fire Department report). Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

a) Code Enforcement Officer/Building Inspector Report – May 2014 b) Dog Control Officer – May 2014 Page 68 June 12, 2014

c) Nutrition Site Report – May 2014 d) Supervisor Report – April 2014 e) Van Report – April 2014 f) Judge Gibbin Report – April 2014 g) Judge Frank Report – April 2014 h) Town Clerk – January 2014 i) Town Clerk – February 2014 j) Town Clerk – March 2014 k) Town Clerk – April 2014 l) Town Clerk – May 2014 m) Fire Department - None n) Highway Superintendent Report. Hwy Supt Dains was not in attendance but had filed his written report. Hwy Supt Dains asked Councilman Salzler to address the matter of advertising for a new employee as discussed at the May meeting. The Board decided to table this matter until the budget meetings for next year’s budget and determine how the position could be funded in the budget.

ITEM #4. NEW BUSINESS

a) Audit of the Bills – Supervisor Eppolito stated that these bills were audited by Councilwoman King, and reviewed by the Board.

General Fund A, abstract 6, bills 546-629 & 695; $435,127.63 General Fund B, abstract 6, bills 630-639; $316,340.35 Library Fund, abstract 6, bills 640-643; $5,504.34 Fire Protection, abstract 6, bills 644-645; $126,560.00 Joint Van, abstract 6, bills 646-650; $31,129.49 Joint Youth, abstract 6, bills 651-655; $9,624.35 Craneridge Lighting, abstract 6, bills 656-657; $22,262.23 Craneridge Sewer, abstract 6, bills 658-669; $129,113.98 Highway DA, abstract 6, bill 670; $13,000.00 Highway DB, abstract 6, bills 671-688; $22,401.50 Kissing Bridge Water, abstract 6 bills 689-690; $4,325.00 Kissing Bridge Sewer, abstract 6, bills 691-692; $26,750.00 Trevett Rd. Water, abstract 6, bills 693-694; $3,190.90 Trust & Agency, abstract 6, NONE Capital (HA) C. Sewer, abstract 6, NONE Capital (HB) Land, abstract 6, NONE Capital (HC) Bensley, abstract 6, NONE Capital (HD) Catt. St, abstract 6, NONE Capital (HE) Sr. Ctr, abstract 6, NONE

Motion made by Councilwoman King, seconded by Councilman Salzler, to approve the bills as presented. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

b) Set Public Hearing re: DCO days to hold a dog - The State has been to Dog Control Officer’s home and the Town Code states that the DCO can keep a dog for five days and the State law is three days. A Public Hearing needs to be set to change this Local Law. Deputy Town Attorney Michael Barone is working with DCO Robinson to bring our Local Law into compliance with New York as to the number of days a dog can be held. DCO Robinson also has a couple of other minor changes that should be made at this time. Under “Nuisances Prohibited-Section 53-7” the chasing bicycles should be made added. The Town Clerk will work with Deputy Town Attorney Barone and DCO Robinson to obtain the final draft and advertise for the Public Hearing. The Public Hearing will be held prior to the July Town Board meeting which will start at 7:30 p.m. because of the John Mills’ Hot Dog Roast to benefit the library. Page 69 June 12, 2014

Motion made by Councilwoman King, seconded by Councilman Drake, to set the Public Hearing for Thursday, July 10, 2014 at 7:30 p.m. on the proposed dog law changes. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried. The regular July Town Board meeting will follow this Public Hearing.

Discussion about cleaning up after your dog at the Town Park and a dog receptacle for use for dog owners. Councilman Salzler will talk to Park Superintendent Krzemien and discuss having the sign at the Town Park updated.

c) Republican Party Use of Town Park August 6, 2014 – The Republican Committee would like to use the Town Park on August 6th for their BBQ.

Motion made by Councilman Krezmien, seconded by Councilwoman King, to allow the Republican Committee to use the Town Park on August 6, 2014 for their BBQ and to waive the Park fee. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

Supervisor Eppolito also received a letter from Darrel Gasper requesting the use of the Park on August 9, 2014 for the Annual Tammy Gasper Memorial Softball Tournament. They will not be serving alcohol but alcohol will be allowed on the premises during the tournament. All games will be finished before dark so that the field lights will not be used. Supervisor Eppolito will remind Mr. Gasper that they can’t use Diamond C-4. The Town will waive the $15 Park fee.

Motion made by Councilman Krezmien, seconded by Councilwoman King to allow the Annual Tammy Gasper Memorial Softball Tournament use of the Town Park on August 9, 2014 with the conditions above noted and to waive the Park fee. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

d) Resolution re: Buffalo Niagara Riverkeeper – Buffalo Riverkeepers are pursuing making 200 acres on Sibley Road park land. The family that owns the property does not want to see the land developed so they are selling development rights to Riverkeepers. Buffalo Riverkeepers need this Resolution in order to apply for the grant money to get the development rights.

Councilman Salzler moved the adoption of Resolution 10, seconded by Councilwoman King:

WHEREAS, Buffalo Niagara Riverkeeper is applying to the State of New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park or trail project to be located at Sharp Street (Lot Nos. 46 & 54, Township No. 7, Range No. 6 of the Holland Land Company Survey) located within the territorial jurisdiction of the Board, and

WHEREAS, as a requirement under the rules of these programs, Buffalo Niagara Riverkeepers must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”;

NOW, THEREFORE, be it resolved that the Town Board of the Town of Concord hereby does approve and endorse the application of Buffalo Niagara Riverkeepers for a gran under the Environmental Protection Fund for a park project known as 18MC-07-LINK and located within this community.

Voting as follows:

Councilman Drake Aye Councilwoman King Aye Page 70 June 12, 2014

Councilman Krezmien Aye Councilman Salzler Aye Supervisor Eppolito Aye

e) Town Clerk Resolutions – Town Clerk Schweikert had presented the Board with these proposed Resolutions last meeting for their review. These should be include in the Organization Meeting each year.

(1) Councilman Krezmien moved the adoption of Resolution 11, seconded by Councilman Salzler:

RESOLVED THAT, the Town Clerk retain a petty cash fund of $215.00 for the payment, in advance of audit, or property itemized and verified bills by any and all Town of Concord departments for materials, supplies and services furnished to the town for the conduct of its affairs. At the time of any payment from such fund, the Town Clerk for which the fund was established shall require delivery to her of a bill in form sufficient for audit by the Town Board as required by law. At each meeting of the Town Board a list of all expenditures made from such fund since the last meeting of the Board, together with the bills supporting such expenditures, shall be presented to the Town Board for audit and the Town Board shall direct the Supervisor to reimburse such petty cash fund in an amount equal to the totals of such bills which it shall so audit and allow.

Voting as follows:

Councilman Drake Aye Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Aye Supervisor Eppolito Aye

RESOLVED THAT, the Town Clerk retain a petty cash fund for the Town Clerk’s Office in the amount of $50 for the purpose of making change when such is required in the performance of official duties.

Voting as follows:

RESOLVED THAT, the Tax Collector retain a petty cash fund for tax collection purposes in the amount of $150.00. Prior to making the return of unpaid taxes to Erie County, the Tax Collector shall reimburse the Supervisor the amount of the petty cash fund previously advanced to the Tax Collector.

Voting as follows:

Councilman Drake Aye Page 71 June 12, 2014

Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Aye Supervisor Eppolito Aye

f) Grant Combining Crane Ridge Sewer and Kissing Bridge Sewer - Supervisor Eppolito had discussed this in Work Session earlier tonight and would need authorization of the Board to sign the contract with MDA Consulting Engineers, PLLC. The costs from this study all come from the Special Use Districts.

Motion made by Councilman Krezmien, seconded by Councilman Salzler, to authorize Supervisor Eppolito to sign a Contract with MDA Consulting Engineers pertaining to a sewer study proposal for Crane Ridge and Kissing Bridge. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried. Supervisor Eppolito and Engineer Alianello both signed the Contract.

ITEM # 5. OLD BUSINESS

a) Roosa Rezoning – (1) Supervisor Eppolito noted that the first step is to accept the SEQRA. Councilman Drake indicated that a Negative Declaration was in their Agenda packet. The owner is requesting a rezoning from R-Ag to C-2. Councilman Drake pointed out to the Board (v) “the impairment of the character or qualify of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character: This change in zoning is consistent with the surrounding uses and the coordinated efforts of the Town and Village to convert this corridor to commercial use. Concern was raised that the site would be used for a temporary use as a car sales lot, but such a temporary use is not one of the authorized temporary uses under Town Code §150-140.”

NEGATIVE DECLARATION Determination of Non-Significance

Lead Agency: Town of Concord Town Board

Date: June 12, 2014

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The Town of Concord Town Board (the “Board”), as the lead agency, has reviewed the proposed project (“action”) and determined that it will not have a significant adverse environmental impact and that a Draft Environmental Impact Statement will not be prepared.

Name of Action: Roosa Rezoning Application

Location of Project Site: South Cascade Drive

SEQR Status: Unlisted Action.

Description of Action: Owner is requesting a rezoning from residential to commercial.

Reasons Supporting this Determination: The Board has identified the relevant areas of environmental concerns and take a hard look at each of the identified areas as required Page 72 June 12, 2014 by the State Environmental Quality Review Act (“SEQR”). The Board is aware that there were errors in the EAF, as pointed out by the Village of Springfield, and has made its determination based on the corrected information. The Board compared the proposed project (“action”) with the criteria for determining significance identified in 6 NYCRR § 617.7(c)(1) and in accordance with 6 NYCRR § 617.7(c)(2) and (3). As indicated below in the discussion of each criterion specified in 6 NYCRR § 617.7(c)(1), the Project will not have a significant adverse impact on the environment.

(i) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; a. Traffic Impacts

Commercial uses generally create greater traffic and therefor air pollution and noise than residential uses. But given the proximity of the site to Route 219 and other commercial uses, that is not the case here. There will only be a minor increase in traffic above existing levels, and the rezoning will not impact the ability of the traffic system to handle the traffic without change in level of service b. Air Quality Impacts

Minor short term impacts from construction will be controlled by normal construction procedures. Traffic and related pollution impacts will be minor. c. Wetland Impacts, and d. Erosion, Flooding and Drainage Impacts

There will be no such impacts from this Project. .

(ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources;

There will be no such impacts.

(iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of this Part;

There Project Site is not located within or in close vicinity to a Critical Environmental Area as designated under 6 NYCRR § 617.14(g).

(iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted; and

(v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

This change in zoning is consistent with the surrounding uses and the coordinated efforts of the Town and Village to convert this corridor to commercial use. Concern was raised that the site would be used for a temporary use as a car sales lot, but such a temporary use is not one of the authorized temporary uses under Town Code § 150-140. Page 73 June 12, 2014

(vi) a major change in the use of either the quantity or type of energy;

(vii) the creation of a hazard to human health;

There will be no such impacts, although safety will be improved which is a positive impact.

(viii) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses;

While the land is currently vacant, there will be no significant impacts from changing the zoning tp one matching area uses.

(ix) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

(x) the creation of a material demand for other actions that would result in one of the above consequences;

(xi) changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

(xii) two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision.

For Further Information:

Contact Person: Gary A. Eppolito, Town Supervisor

Address: Town of Concord 86 Franklin Street PO Box 368 Springville, New York 14141 Telephone Number: (716) 592-4946

Motion made by Councilman Drake, seconded by Councilman Krezmien, to accept the SEQRA Negative Declaration. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito, voting aye. Carried.

(2) Supervisor Eppolito noted that the second part of this process is the actual Local Law. Councilman Drake read the Law into the Minutes. Page 74 June 12, 2014

Councilman Drake moved the adoption of Resolution 14, seconded by Councilman Krezmien:

Town of Concord Local Law # 2 of 2014

Local Law Amending the Town Zoning Map and Approving Roosa Rezoning from R-AG to C-2

Be it hereby enacted by the Town Board of the Town of Concord as follows:

Section I. The Town Zoning Map is hereby amended to change the zoning of the Roosa Property at South Cascade Drive (SBL#334.00-2-15) from R-AG to C-2.

The Property may only be used in accordance with the site plan submitted to the Board pursuant to Town Code §150-201(A); copy of site plan attached hereto as Addendum A.

Section II. This local law is effective upon filing with the secretary of

State pursuant to the Municipal Home Rule Law.

Voting as follows:

Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Aye Councilman Drake Aye Supervisor Eppolito Aye

G. Donhauser indicated to the Board that the whole parcel has now been rezoned but the part on the other side of the Expressway, if nothing happens there in one year, it automatically reverts back to R-Ag.

Mr. Roosa informed the Board that he would never build another thing here. Mr. Roosa noted that Special Counsel Spitzer had at the last meeting said that Roosa had no idea what he was doing and Spitzer was right. There are millions of Springvilles around the country that are looking for development, looking for building. He is trying to bring development here and jobs and in return he is getting this. Mr. Roosa indicated that he has spent approximately 7 million up there; he gets arrested. Supervisor Eppolito interrupted Mr. Roosa and told him that the Town was trying to work with him. Mr. Roosa thanked the Board and left the meeting.

b) Craneridge Sewer Project – Engineer Alianello informed the Board that he is working with the contractor to try to see if the project can come in under the budget. Supervisor Eppolito noted that this would be done by a little different method from the original plan on how to repair the line. The history is that last year the contractor had to stop the project because the conditions are so poor in that area. The Town is now working with the only bidder on this project to make some revisions of the plans that will bring the price down and yet maybe, hopefully, work a lot better than what had been envisioned. If a Special Town Board meeting is necessary to do a change order on the original bid, it will be arranged because the project does need to get going during Page 75 June 12, 2014 the dry weather. If the Board does have a Special Town Board meeting that would be the sole purpose of the meeting.

c) Senior Center – (1) Supervisor Eppolito indicated that the first step is the Environmental Review. Engineer Alianello reviewed the Short Environmental Assessment Form indicating that it was an Unlisted Action. A coordinated review so that all parties that had an interest in the project or actual approval for the project would be involved. Letters were sent to NYSDEC Region 9, NYS Office of Parks, Recreation, Historic Preservation (NYS OPRHP), Village of Springville, Town of Concord and Erie County Health Department. Comments were received from the DEC and NYS OPRHP. The site is in an area that is archeologically sensitive so a review form was sent to State Historic Preservation (SHPO) to get their input to determine if an archeological investigation was necessary. SHPO came back with a “no potential impact” letter. Based on that information, Engineer Alianello is recommending that the Town can conclude that there is no potential impact. The DEC also raised the issue of the need for a SPDES Permit for the storm water discharge. The site plan was designed to take this into consideration and qualify for a General Permit. Based on that, Engineer Alianello is recommending that the Town can determine that there will be no impact on storm water resources. The surrounding land uses and is it an appropriate use within that land use and there are senior apartments right next door and it is in a commerce parkway so it seems to be a well fitted application. Based on these items and the results/comments received back, Engineer Alianello is recommending to the Board that the pass a motion determining that the proposed action will not result in any significant environmental impact. Councilman Salzler indicated that the Brief Description of Proposed Action shows a wood frame building; it may be metal. Engineer Alianello informed the Board that that change does not make a difference.

Councilwoman King moved the adoption of Resolution 15, seconded by Councilman Salzler:

RESOLVED that the Town Board accepts the Short Environmental Assessment Form as prepared by Engineer Alianello as signed by the Engineer and Supervisor Eppolito on June 12, 2014 and based on the information and analysis above, and any supporting documentation that the proposed action will not result in any significant adverse environmental impacts.

Voting as follows:

(2) Supervisor Eppolito informed the Board that the second part of this is the actual bond resolution.

Councilwoman King moved the adoption of Resolution 16, seconded by Councilman Salzler:

A BOND RESOLUTION, DATED JUNE 12, 2014, OF THE TOWN BOARD OF THE TOWN OF CONCORD, ERIE COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING THE CONSTRUCTION OF A SENIOR CITIZENS CENTER AND ASSOCIATED IMPROVEMENTS IN THE TOWN, AT AN ESTIMATED MAXIMUM COST OF $1,785,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED Page 76 June 12, 2014

$1,785,000, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR, AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM

WHEREAS, the Town Board of the Town of Concord, in the County of Erie, New York (the “Town”) desires to undertake a capital improvements project primarily consisting of the construction of a Senior Citizens Center in the Town; and

WHEREAS, the Board will, by motion, provide for a mandatory referendum on this bond resolution, in accordance with the Local Finance Law and Town Law, and such referendum will be by a single proposition;

NOW THEREFORE,

BE IT RESOLVED, by the Town Board of the Town (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

SECTION 1. The Town is hereby authorized to undertake a capital improvements project primarily consisting of the construction of a Senior Citizens Center in the Town as substantially described in (but not limited to) an engineer’s report prepared for the Town by MDA Consulting Engineers, PLLC (the “Report”), such project to generally include, but not be limited to, the construction of an approximately 6,500 square foot building and the installation of an associated parking area, patio and other site improvements, including all preliminary work and necessary equipment, materials and related site work and all preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $1,785,000.

SECTION 2. The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate amount not to exceed $1,785,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received. Unless paid from other sources or charges, the cost of such improvements is to be paid by the levy and collection of taxes on all real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

SECTION 3. It is hereby determined that the Purpose is an object or purpose described in subdivision 11 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 30 years.

SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.

SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

SECTION 6. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there shall annually be levied on all the Page 77 June 12, 2014 taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of such notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized including, but not limited to, authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of the sale of such bonds, and the renewals of such notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.

SECTION 8. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). To the extent applicable, this resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

SECTION 9. To the extent applicable, the Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b) (3)(B)(i) of the Code.

SECTION 10. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. The Town has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, if necessary, and therefore, no further action under the State Environmental Quality Review Act is necessary.

SECTION 12. In the absence or unavailability of the Town Supervisor, the Deputy Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution.

SECTION 13. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if: Page 78 June 12, 2014

1. (a) such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) if the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or

2. such obligations were authorized in violation of the provisions of the Constitution of New York.

SECTION 14. This bond resolution is subject to a mandatory referendum. A proposition for the approval or disapproval of this bond resolution shall be submitted as a proposition to the qualified voters of the Town at the special voter referendum to be held on August 12, 2014, and this bond resolution shall take effect upon the approval of the proposition by such voters of the Town at such special voter referendum. The Town Clerk is hereby authorized and directed to give notice of submission of such proposition at such special voter referendum in accordance with the applicable provisions of Town Law and Election Law, as determined by the Town Attorney and the Town’s Bond Counsel.

SECTION 15. Such form of the proposition and the form of the notice of special voter referendum shall be approved by the Town Board at a subsequent meeting.

SECTION 16. This bond resolution shall take effect upon approval of such proposition (in accordance with the provisions of the Local Finance Law) by such qualified voters at such special voter referendum.

SECTION 17. In addition to the foregoing, the Town Board hereby authorizes and directs the Town Clerk to do the following:

(a) To maintain and distribute copies of the Report and this resolution, ready for public review and inspection in the Office of the Town Clerk and any and all other locations deemed necessary by the Town Clerk and the Town Attorney to comply with New York State law regarding referenda; and

(b) To take all necessary steps, with assistance of the Town Attorney and the Town’s bond counsel, to ensure that such proposition is properly placed before the duly qualified voters of the Town at the special voter referendum to be held on August 12, 2014.

SECTION 18. If the proposition is approved, the Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in a newspaper having a general circulation in the Town and designated as the official newspaper of the Town for such publication.

The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:

Voting as follows:

Councilman Drake Aye Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Aye Supervisor Eppolito Aye Page 79 June 12, 2014

The foregoing resolution was thereupon declared duly adopted.

There was discussion regarding the cost of having a Special Vote on the mandatory referendum vs. holding a vote at the November election and the increased costs of the project (which could be 3% to 5% higher next construction season). Copies of plans will be made available at the Town Hall and at the Library for residents to view. There will be absentee ballots available for the vote and Town Clerk Schweikert will work with the Board of Elections and Special Counsel John Alessi in proceeding to the vote. The specific time and location of the Special Vote will be determined at a later meeting.

ITEM #8. CONSENT AGENDA

a) Fiddle Fest Mtg. 5/9/14 b) Fiddle Fest Mtg. 5/23/14 c) Bertrand Chaffee Hospital Foundation d) Sunnking Recycling e) Southtowns Community Enhancement Coalition Minutes 5/1/14 f) Rural Transit Volunteer Newsletter g) Coalition for Community Building Minutes 5/27/14 h) Local IDA’s Shine in State Comptrollers Audit

Motion by Councilwoman King, seconded by Councilman Salzler, to approve the Consent Agenda, Items a-h. Councilwoman King, Councilmen Krezmien, Salzler & Drake; Supervisor Eppolito voting aye. Carried.

ITEM #7. EXECUTIVE SESSION

There was no Executive Session.

ITEM #8. COUNCILMAN NOTES

a) Councilman Drake reminded the members about the John Mills’ Hot Dog Roast to benefit the library. It is July 10th before the regular Board Meeting.

b) Supervisor Eppolito reviewed his meeting with Ross John from the Seneca Nation. They are looking to partner with towns to do more economic development that wouldn’t entail casinos, cigarettes or gasoline sales. They have several great ideas and it could become a really good partnership with continued work on the farm trail and promoting agriculture in our community. They are looking to get into biofuels and would contract with farmers.

ITEM #9. MOTION TO ADJOURN

Motion by Councilman Drake, seconded by Councilwoman King, and passed unanimously, to adjourn the meeting at 7:55 p.m. in memory of:

Kenneth Schweickert Joseph Gentner William Murphy Sophie Zukowski Margaret Dombrowski Margaret A. Martz

______Darlene G. Schweikert Town Clerk